Waiting time, garanty and others...

[jensh69]

Hello!! I am sorry to write in English, but I am learning Danish little by little. My name is Esther and I come from Perú. It was exactly 3 months ago we got a letter from FS explaining they got all our documents and they will answer in no more than 7 months.

The fact is that times goes on and we are very anxious about the result. Sometimes we are scared about the answer because we have heard a lot of stories of rejections. I met my husband by net and he went to visit me to Perú. We got married in my country and he invited me to come to Denmark with tourist visa. By that time we did not know we were able to apply to family reunification in Denmark. The police advised us in nice way that instead to ask for longer time as tourist, better will be to ask for family reunification. And we did it.

The case is that we do not know if it will be good idea to call them to ask about my case (they always say do not call frequently because they are always busy, and we do not want they think we are pressing). I read several opinions about that we have to proof if they consider that our mariage is "pro forma" one. We have emails (lots of them), photos, all neighbors and people know our story.

My husband has a daugther of a before relationship. The question is if we are obligated to give the bank garanty?? I read on the official web site that they can give dispensation of some requirements. Do we have to ask for that?? Or maybe if they send a letter asking for the garanty, then we can ask for avoid that requirement?? We futfill all the other requirements.

Other interesting thing about my case is that I am in the positive list, and I got a letter from CIRIUS, recongnizing my education. Is this an extra point??

I hope someone can answer us or make any commentary that will clarify our doubts and helps us to have patience and faith.

Thank you very much,

Esther og Jens

[mara]

Hi Esther,

I am in the same doubts and thoughts but I think if you call them from time to time and ask nicely about yr case thats ok and there is nothing pressing in it We call them like once a month or so But there is nothing new said in their replies We also mentioned in our applications that we are ready to attach a lot of proof that our marriage is not pro forma But they still did not ask for them So when we call them next time we will ask OURSELVES if we can send them the proof

I have heard some stories about people calling FS Well their choice but I think it can play a bad joke All in all there is not much time passed both in your and our case They mentioned 7 months of waiting And after I read plenty on this forum and got some replies about my case I am ready to wait so long.

I have also heard that if a spouse has a child or children from previous relations bank garantie is not required.

I wish you all the best and hope you will get a positive reply from FS ASAP

At least you are with yr husband now and it is great I have not seen mine from January And everydays phone talkings and chats and SMSs do not make it less hurting But I am an optimist and believe that everything will be ok Its just the matter of time

Best wishes

Marina

[jensh69]

Dear Mara:

Thank you very much for your answer. It gives us more hope and faith. I am very sorry about all the time of separation with your husband. I remembered when my husband returned to Denmark from Perú after we got married. I have to wait almost 5 months to see him again and it was really hard for us. I understand you perfectly and I encourage you to continue with your virtual comunication, phone calls, etc, that can give you the compensation of the distance and time.

That´s true, in my case, we are together now, but we are always thinking and preparing ourselves for a new separation (if it is the case ). I am a believer woman, so I ask God every single day a little help about this.

Thank you again for your answer, I hope that FS will proceed in our cases with justice and only applying the "law" related to our right of "family reunification".

The best wishes to you and your husband,

Esther og Jens

[mara]

Good morning Esther,

Yesterday my husband called FS to ask about our case and they just replied NOTHING.U know the way of replying officials often use to say smthy and say nothing at the same time Important question of attaching proofs of our relations also was left without reply

So all this very sad And its not the case when No news/good news

The only possible way out to have some kind of dialogue seems to write them email or a letter Seems they have to reply it

Anyway hope we all will be ok sooner or later

Mara

P.S I am a believer too and pray about it too but there is a wonderful saying Let God work a bit for you Thats basically means patience patience patience....

[jensh69]

Dear Mara:

My husband has phoned FS just 10 minutes ago. The same answer that your husband got: "Your case is in process". The person just re read the letter we got three months ago saying that we will have the answer in no more than 7 months . So?? Nothing, nothing at all. We are dissapointed about that kind of answer. We really expected to have more news...

On the other hand, it is very good to know people like you, that have a case in common like ours. Thank you for your beautiful words at the end of your commentary. It is very nice to talk to you and to share our experiences, then I think we feel more "liberated" in our emotions.

With our best wishes,

Esther og Jens

[BlueEyeZ]

The more people that call to hear about their own specific private case/file - the longer it will take to finish the cases/files in general...

Why call and disturb when you know -more or less- that the answer will be something like; "We're working on it"???

[mara]

Well we do not call them every other day or every other week.I do not think that 5 minute talk once a month or once in 1,5 month is really stealing their time.Isn t it natural to try to learn about yr case Probabbly they need more information or they lost something.I can imagine in what way its possible to check most of requirements but how are they going to check whether our marriage pro forma or not So quite logical to think that they need some private infomation proofs And as user Fundiver198 wrote correctly in my topic Its our task to prove that we are not faked married.So we need know what we can do to prove it.

[jensh69]

I agree totally with you, Marina.

[Nicolai]

Hello!! I am sorry to write in English, but I am learning Danish little by little. My name is Esther and I come from Perú. It was exactly 3 months ago we got a letter from FS explaining they got all our documents and they will answer in no more than 7 months.

The fact is that times goes on and we are very anxious about the result. Sometimes we are scared about the answer because we have heard a lot of stories of rejections. I met my husband by net and he went to visit me to Perú. We got married in my country and he invited me to come to Denmark with tourist visa. By that time we did not know we were able to apply to family reunification in Denmark. The police advised us in nice way that instead to ask for longer time as tourist, better will be to ask for family reunification. And we did it.

The case is that we do not know if it will be good idea to call them to ask about my case (they always say do not call frequently because they are always busy, and we do not want they think we are pressing). I read several opinions about that we have to proof if they consider that our mariage is "pro forma" one. We have emails (lots of them), photos, all neighbors and people know our story.

My husband has a daugther of a before relationship. The question is if we are obligated to give the bank garanty?? I read on the official web site that they can give dispensation of some requirements. Do we have to ask for that?? Or maybe if they send a letter asking for the garanty, then we can ask for avoid that requirement?? We futfill all the other requirements.

Other interesting thing about my case is that I am in the positive list, and I got a letter from CIRIUS, recongnizing my education. Is this an extra point??

I hope someone can answer us or make any commentary that will clarify our doubts and helps us to have patience and faith.

Thank you very much,

Esther og Jens

Hi Esther,

First of all: congratulation on your marriage.

Second:

I see no reason for you to fear a rejection from the Foreign Services (FS) as you have a lot of things going for you.

The biggest possible plus that a person can keep up his or her sleeve when applying for family reunification in Denmark is to have a job, which is listed as a "green card" job in Denmark. Whether your education is for example nurse, doctor or IT-related, Denmark needs people with "green cards" as we can't produce that kind of labour rapidly enough ourselves.

I'm not completely sure, however, I think you must expect on FS to require a banking guarantee from you due to the fact that both of you handled in your application parts in Denmark. I seem to recall that the banking guarantee was NOT required had you applied from Peru. However, once again i'm not sure, hence, you might want to double check this information.

As for FS given dispensations on some of the ordinary requirements: Yes, they do sometimes give dispensations. However, I doubt a dispensation will even be necessary in your case. There a paragraph in the law called 9.C part I, which states that FS are to protect the family life and the human rights and as your husband already have child from a previous marriage, seriously doubt that FS will reject you on the reason that you might just as well live together in Peru.

Never mind about this 9.C part I bit as it won't be necessary in your case. It might be brought into play for me and my wife though, due to the fact that I have a physical handicap and need the social security system in Denmark and therefore can't live in Japan, which doesn't have that kind of security at all.

I fully understand that you and your husband are nervous about the outcome of your application- this is only natural and it would be strange if you had no butterflies in your stomach whatsoever. After all, applying for family reunification is one of the biggest exams you have to go through in your life

Lastly, on all the horrific stories about people whose applications have been rejected: I agree with you that a lot of stories have surfaced these past years, which is good in my opinion as it indicates that more Danes are starting to notice that Denmark's political view on foreigners backfires on a lot of innocent people, on whom the law wasn't intended to have any big effect in the first place. Nevertheless, in relation to this, bear in mind that people tend to cry out loudest when things go wrong- and not when everything works out well.

Bottom line: You have a lot of things going for you-above all a green card job!!! It is only natural to be nervous and excited about FS' reply and lastly: calculate YOUR pluses and minuses and don't focus on other peoples result to much as there will always be different strokes for different people.

All the best in the future to you and your husband,

Nicolai (married to a Japanese)

[jensh69]

Hej Nicolai:

Thank you very much for your long commentary. That is correct the idea about to analyse my minus and pluses, and do not try to compare my case with others, because each case has its own particularies.

About the paragraph of the danish law that you mentioned, I would like to ask you if you can be so kind to send me a link about it to read it carefully. That is correct: FS did not ask us any garanty when I applied to the turist visa, but if I am asking about this topic is because I read in this forum some commentaries telling that "the danish law" says that in case of having special child (previous relationship), the garanty is not asked. I will like to find out what specifical law is that, to analyse it.

Finally I have to say that when I met my husband by net I was just operated in Perú and it was the best present God has sent to me. Now I am living in Denmark and I really love what peaceful is my city (no traffic, no pollution, low criminal rates, etc). Danish is really becoming so difficult to me, but I encourage myself everyday to learn little more.

Once again, thank you for your words, please, say hello to your wife and I wish for you the best!!

Esther

[Nicolai]

Hej Nicolai:

Thank you very much for your long commentary. That is correct the idea about to **** my minus and pluses, and do not try to compare my case with others, because each case has its own particularies.

About the paragraph of the danish law that you mentioned, I would like to ask you if you can be so kind to send me a link about it to read it carefully. That is correct: FS did not ask us any garanty when I applied to the turist visa, but if I am asking about this topic is because I read in this forum some commentaries telling that "the danish law" says that in case of having special child (previous relationship), the garanty is not asked. I will like to find out what specifical law is that, to **** it.

Finally I have to say that when I met my husband by net I was just operated in Perú and it was the best present God has sent to me. Now I am living in Denmark and I really love what peaceful is my city (no traffic, no pollution, low criminal rates, etc). Danish is really becoming so difficult to me, but I encourage myself everyday to learn little more.

Once again, thank you for your words, please, say hello to your wife and I wish for you the best!!

Esther

Hey Esther:


§ 9 c. Der kan efter ansøgning gives opholdstilladelse til en udlænding, hvis ganske særlige grunde, herunder hensynet til familiens enhed, taler derfor. Medmindre særlige grunde, herunder hensynet til familiens enhed, taler derimod, betinges opholdstilladelse efter 1. pkt. som følge af en familiemæssig tilknytning til en herboende person af, at de i § 9, stk. 2-17, nævnte betingelser er opfyldt. Bestemmelserne i § 9, stk. 19-25, finder tilsvarende anvendelse.

Stk. 2. Der kan efter ansøgning gives opholdstilladelse til en udlænding, der er meddelt afslag på en ansøgning om opholdstilladelse efter § 7, hvis

1) udsendelse af udlændingen, jf. § 30, ikke har været mulig i mindst 18 måneder,

2) udlændingen har medvirket ved udsendelsesbestræbelserne i sammenhængende 18 måneder, og

3) udsendelse efter de foreliggende oplysninger for tiden må anses for udsigtsløs.

Stk. 3. Der kan gives opholdstilladelse til:

1) En uledsaget udlænding, der inden det fyldte 18. år har indgivet ansøgning om opholdstilladelse i medfør af § 7, hvis der efter det, som er oplyst om udlændingens personlige forhold, er særlige grunde til at antage, at udlændingen ikke bør gennemgå en asylsagsbehandling.

2) En uledsaget udlænding, der inden det fyldte 18. år har indgivet ansøgning om opholdstilladelse i medfør af § 7, hvis der er grund til at antage, at udlændingen uden for de i § 7, stk. 1 og 2, nævnte tilfælde vil blive stillet i en reel nødsituation ved en tilbagevenden til hjemlandet.

Stk. 4. Opholdstilladelse efter stk. 1 skal være opnået inden indrejsen. Efter indrejsen kan ansøgning herom ikke indgives, behandles eller tillægges opsættende virkning her i landet, medmindre særlige grunde, herunder hensynet til familiens enhed, taler derfor.

Stk. 5. Ministeren for flygtninge, indvandrere og integration kan fastsætte nærmere regler om meddelelse af opholdstilladelse efter stk. 1 til udlændinge, der er optaget på en uddannelse eller et kursus ved en uddannelsesinstitution her i landet.

Stk. 6. Til brug for Udlændingeservices afgørelser om meddelelse af opholdstilladelse efter stk. 1 til udlændinge, der er optaget på en uddannelse eller et kursus ved en uddannelsesinstitution her i landet, og som ikke er omfattet af de i stk. 5 fastsatte regler, afgiver Danmarks Evalueringsinstitut efter anmodning fra uddannelsesinstitutionen en vejledende udtalelse om indhold og kvalitet i følgende uddannelser:

1) Videregående uddannelser og kurser, der uden godkendelse fra en statslig myndighed udbydes på en statsligt godkendt uddannelsesinstitution under statsligt tilsyn.

2) Uddannelser og kurser inden for grund- og ungdomsuddannelser, der uden godkendelse fra en statslig myndighed udbydes på en statsligt godkendt uddannelsesinstitution, der er under statsligt tilsyn.

3) Kurser på folkehøjskoler m.v. godkendt efter lov om folkehøjskoler, efterskoler, husholdningsskoler og håndarbejdsskoler (frie kostskoler), som gennemføres uden tilskud efter loven.

Stk. 7. Undervisningsministeren fastsætter nærmere regler om Danmarks Evalueringsinstituts udtalelser efter stk. 6, herunder om anmodninger og om den anmodende institutions betaling til dækning af Danmarks Evalueringsinstituts udgifter i forbindelse med udtalelser.

Stk. 8. Opholdstilladelse efter stk. 1 med henblik på au pair-ophold kan, medmindre særlige grunde taler derfor, ikke gives, hvis værtspersonen eller dennes ægtefælle eller samlever inden for en periode på 10 år inden tidspunktet for afgørelsen for et eller flere forhold begået mod en person, der på gerningstidspunktet var au pair hos den domfældte, ved endelig dom er idømt betinget eller ubetinget frihedsstraf eller anden strafferetlig retsfølge, der indebærer eller giver mulighed for frihedsberøvelse, for en lovovertrædelse, der ville have medført en straf af denne karakter, for overtrædelse af straffelovens §§ 216 eller 217, §§ 224 eller 225, jf. §§ 216 eller 217, eller § 228, § 229, stk. 1, eller §§ 237, 244-246, 250, 260, 261, 262 a eller 266.

Stk. 9. Opholdstilladelse efter stk. 1 med henblik på au pair-ophold kan ikke gives, hvis værtspersonen eller dennes ægtefælle eller samlever inden for en periode på 5 år inden tidspunktet for afgørelsen ved endelig dom er dømt for overtrædelse af udlændingelovens § 59, stk. 4, som følge af ulovlig beskæftigelse af en udlænding, der på gerningstidspunktet var au pair hos den domfældte, eller har vedtaget en bøde for en sådan overtrædelse af udlændingelovens § 59, stk. 4.

Stk. 10. Opholdstilladelse efter stk. 1 med henblik på au pair-ophold kan ikke gives, hvis værtspersonen eller dennes ægtefælle eller samlever er omfattet af en karensperiode, jf. § 21 a

[BlueEyeZ]

Well we do not call them every other day or every other week.I do not think that 5 minute talk once a month or once in 1,5 month is really stealing their time.Isn t it natural to try to learn about yr case Probabbly they need more information or they lost something.I can imagine in what way its possible to check most of requirements but how are they going to check whether our marriage pro forma or not So quite logical to think that they need some private infomation proofs And as user Fundiver198 wrote correctly in my topic Its our task to prove that we are not faked married.So we need know what we can do to prove it.

No, not if you were the only one that called them for 5 minuttes. But the thing is that u are not the only one. Imagine maybe 15-20 people calling everyday for 5 minuttes. Then it's all of a sudden 1-1½ hours everyday answering people, that they are working on it.

Of course I understand that you are naturally interested in your file and how it is progressing.

But if the "Service" needs further info about you then I'm sure they will contact you or let you know. I assume that you sent them all the papers, fotos etc. to proove the genuiness of your relationship.

Of course I understand your urge to know how it is progessing, I just don't see how it will change anything that you call them now and then... Except that you -combined with all the other callers- take up time, that is somehow wasted.

I wish you luck and happyness.

[Nicolai]

Well we do not call them every other day or every other week.I do not think that 5 minute talk once a month or once in 1,5 month is really stealing their time.Isn t it natural to try to learn about yr case Probabbly they need more information or they lost something.I can imagine in what way its possible to check most of requirements but how are they going to check whether our marriage pro forma or not So quite logical to think that they need some private infomation proofs And as user Fundiver198 wrote correctly in my topic Its our task to prove that we are not faked married.So we need know what we can do to prove it.

No, not if you were the only one that called them for 5 minuttes. But the thing is that u are not the only one. Imagine maybe 15-20 people calling everyday for 5 minuttes. Then it's all of a sudden 1-1½ hours everyday answering people, that they are working on it.

Of course I understand that you are naturally interested in your file and how it is progressing.

But if the "Service" needs further info about you then I'm sure they will contact you or let you know. I assume that you sent them all the papers, fotos etc. to proove the genuiness of your relationship.

Of course I understand your urge to know how it is progessing, I just don't see how it will change anything that you call them now and then... Except that you -combined with all the other callers- take up time, that is somehow wasted.

I wish you luck and happyness.

Hits the F U C K I N G nail on the head here!

Once you have sent in your application, it's out of your hands and all you can do is wait. Checking on them is plain stupid and if you worry whether or not they will estimate your marriage as "pro forma", then it is because you simply didn't enclose enough to prove them wrong on that point.

Besides, calling FS to ask how you can prove that your marriage is real is plain stupidity. Think for yourself- use your brain instead of bothering FS!
It's not their fault that you were lazy filling out your application in the first place, now is it? NO IT IS NOT!!!!

[jensh69]

Hello!!

Please take it easy Nicolai. We all have the right to know about our cases. Thank you for all the information you sent. God bless you.

Esther.

[Nicolai]

Hello!!

Please take it easy Nicolai. We all have the right to know about our cases. Thank you for all the information you sent. God bless you.

Esther.

Sure we do, however, asking other people what can proove that MY marriage is real is stupid! I should know best myself and so should mara.

And: Except for the "God bless you"-part: no problem